47Protection of complainant against retribution

#### 47 Protection of complainant against retribution 47 Protection of complainant against retribution > > (1) A person who takes or threatens to take detrimental action against another person because that other person or any other person— > > > > > (a) makes, or proposes to make, a complaint to a service provider or the Ombudsman, or > > > > > (b) brings, or proposes to bring, proceedings before the Tribunal, or > > > > > (c) provides, or proposes to provide, information, documents or evidence to the Ombudsman or the Tribunal, > > > > is guilty of an offence. > > > > Maximum penalty—200 penalty units or imprisonment for 5 years, or both. > > > (2) It is a defence to a prosecution for an offence under this section if it is proved— > > > > > (a) that the action referred to in subsection (1) on which the prosecution was based was taken or proposed in bad faith, or > > > > > (b) that any material allegation was known by the person making it to be false. > > > (2A) A person who has been convicted or acquitted of an offence against this section is not liable to be convicted of an offence against 1 of the following provisions on the same, or substantially the same, facts relied on as evidence of commission of the offence against this section— > > > > > (a) the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 33, > > > > > (b) the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 79I, > > > > > (c) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), section 31R, > > > > > (d) the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 97H. > > > (2B) A person who has been convicted or acquitted of an offence mentioned in subsection (2A) is not liable to be convicted of an offence against this section on the same, or substantially the same, facts relied on as evidence of commission of the offence of which the person was convicted or acquitted. > > > (3) In this section, detrimental action means action causing, comprising or involving any of the following— > > > > > (a) injury, damage or loss, > > > > > (b) intimidation or harassment, > > > > > (c) discrimination, disadvantage or adverse treatment in relation to employment, > > > > > (d) dismissal from, or prejudice in, employment, > > > > > (e) prejudice in the provision of a community service, > > > > > (f) disciplinary proceedings. > > **s 47 (previously s 117):** Am 2002 No 42, Sch 1 \[39\] \[40\]. Renumbered 2002 No 42, Sch 1 \[46\]. Am 2002 No 112, Sch 1.4 \[3\] \[7\]; 2019 No 25, Sch 5.13\[19\] \[20\]; 2022 No 14, Sch 8.2\[1\] \[2\].